Alphonsus Ibeanu & Anor V. Peter A. Ogbeide & Anor (1994)

LawGlobal-Hub Lead Judgment Report

OGUNDERE, J.C.A.

Before Gbemudu J. at the then Bendel State High Court holden at Agbor, the plaintiffs now respondents filed a claim against the defendants in the tort of negligence arising from the collision of the Plaintiff’s Steyr Diesel Petrol Tanker BD2426BF loaded with petrol, with the 1st defendant appellant’s Luxury Bus AN 7298 G driven by the second defendant. The plaintiffs’ case was that on the 4th January, 1988 the Luxury Bus on the Benin Onitsha Road left its side of the road and without notice signals collided with the petrol tanker which was travelling properly on its right side of the Road. The Petrol Tanker burst into inflames and was completely destroyed. The plaintiffs relied on the doctrine of “res ipsa loquitur”

The plaintiffs in paragraph 13 of the Statement of Claim averred as follows:”

The plaintiffs say that the second defendant was negligent in the driving and management of the Motor Vehicle Number BD2426BF on the 4th day of January, 1988 at the time and place aforesaid in the following respect of particulars Viz:-

(i) Driving at a dangerous, improper or excessive speed.

(ii) Failing to keep to the right or proper side of the road.

(iii) Failing to keep any or proper lookout and to give any or timely warning of approach of the said Vehicle.

(iv) Failing to manoeuvre or sufficiently, the said Vehicle, so as to avoid running into, or colliding, and destroying the Vehicle number BD2426B.

(v) Failed to slow down or to stop in order to avoid the accident.

(vi) Failed to apply the brakes of the Motor Vehicle, in order to avoid the accident.

(vii) Failing to exercise good care, caution and skill to avoid the accident.

In the alternative, the plaintiffs will rely on the doctrine of Res Ipsa Loquitur.

PARTICULARS OF LOSS AND DAMAGE

(a) Pre-accident value of the plaintiff’s said vehicle .. N400,000.00